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Posts tagged "Probate Code section 16440(b)"

Court of Appeal Affirms Buffington Law Firm Trust Litigation Victory in Published Opinion

Buffington Law Firm's trust litigation team won a significant courtroom victory in a 2017 case "Orange Catholic Foundation versus Rosario Arvizu."  In this case, Buffington Law Firm defended the trustee of a trust, Rosario Arvizu, against various breach of fiduciary duty claims by other beneficiaries of the trust, i.e. the Orange Catholic Foundation and the Diocese of Orange.  The trial court rendered a verdict in favor of Mrs. Arvizu.  The trial court found that as trustee she had been confronted with a very difficult situation, had acted in good faith, and the court had the power to exercise its discretion under Probate Code Section 16440(b) to excuse any of her errors as trustee as an exercise in equity.  After the trial the Petitioners appealed to the California Court of Appeal, arguing that the trial court had abused its discretion and lacked the power under the Probate Code to excuse what it argued were violations of the trust terms by Mrs. Arvizu.  Buffington Law Firm represented Mrs. Arvizu on appeal.

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